FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, two new petitions were filed raising questions related to injunctive relief related to generic drugs and appellate procedure, new waivers of the right to respond were filed in a patent case and a pro se case, and one new reply in support of a petition was filed in a patent case raising questions regarding inter partes review. Here are the details.

As we previously reported, the Supreme Court in June issued its opinion in Vidal v. Elster, a trademark case that attracted eight amicus briefs. In this case, the Court reviewed the Federal Circuit’s conclusion that the Lanham Act’s prohibition on registering marks that consist of or comprise a name identifying a particular living individual without that person’s consent violates the First Amendment. The Supreme Court disagreed. In an opinion authored by Justice Thomas, the Court decided that history and tradition establish that the provision in question does not violate the First Amendment. Notably, Justices Kavanaugh and Barrett both concurred in part and Justice Sotomayor concurred only in the judgment. This is our opinion summary.

This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The precedential opinion comes in a patent case and vacates a judgment of invalidity based on ineligibility. The nonprecedential order is a dismissal. Here is the introduction to the opinion and a link to the order.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new response to a petition raising questions relating to attorneys’ fees and the denial of a petition challenging the International Trade Commission’s authority related to patent infringement. Here are the details.

This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The nonprecedential opinion comes in a patent case. Two of the nonprecedential orders transfer cases, while the third nonprecedential order is a dismissal. Here are the introductions to the opinion and the orders other than the dismissal, which we link.

Last month the Federal Circuit issued its opinion in Darby Development Co. v. United States, a case that attracted three amicus briefs. In this case, the Federal Circuit reviewed a judgment by the Court of Federal Claims, which dismissed a takings claim by owners of residential rental properties. The Court of Federal Claims dismissed their complaint for failure to state a claim upon which relief could be granted. In an opinion authored by Judge Prost and joined by Judge Stoll, the Federal Circuit reversed, holding that the owners did state a claim for a physical taking, and remanded the case for further proceedings. Notably, Judge Dyk dissented. This is our opinion summary.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a statement commenting on that the Senate Judiciary Committee’s “historic markup of three bipartisan, bicameral pro-patent bills” this Thursday;
• an article reporting that a bipartisan group of Representatives has recently “introduced the ‘Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’ (NO FAKES Act)” in the House of Representatives;
• an article highlighting 11 key patent cases to “look out for” this fall in both the Federal Circuit and the Supreme Court.

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and four nonprecedential orders. The first precedential opinion comes in a government contract case, while the second comes in a patent case. The first nonprecedential opinion comes in a tax case appealed from the Court of Federal Claims, while the second comes in an appeal from the Armed Services Board of Contract Appeals. Two of the nonprecedential orders grant motions to transfer, a third denies a petition for a writ of mandamus, and the fourth is a dismissal. Here are the introductions to the opinions and all of the orders other than the dismissal, which we link.

This morning the Federal Circuit released one nonprecedential opinion. It affirms a decision of the Merit Systems Protection Board. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article reporting how a “coalition of conservative groups are asking senators to swiftly pass two bipartisan bills meant to protect intellectual property rights and promote American innovation”;
• an announcement that registration has opened for a symposium at American University featuring Judge Stark that will be “composed of various panels to discuss developing legal issues exclusive to the Federal Circuit”;
• a blog post discussing “three separate orders” recently issued by the Federal Circuit “denying petitions for writs of mandamus related to venue transfer decisions”; and
• an article analyzing a recent Federal Circuit decision rejecting “Google LLC’s bid for review of a ruling . . . in light of a U.S. Supreme Court case that abolished deference to government agencies.”